Deported for an Agravated felony but we think he is a US Citizen? What to do next?

[Azontodance 6]

I believe it's already been discussed in detail throughout this thread, but anyway:

1) If he is a US citizen by virtue of his birth to a US citizen, he is what is called a "natural born" US citizen and that status cannot be revoked unilaterally (meaning the only way to lose the status is to renounce it voluntarily). Aside from the criminal background, he could be president, unlike naturalized citizens.

2) If #1 above does not apply and if he became a US citizen through his mother's naturalization before he turned 18, his status as a US citizen cannot be revoked except through denaturalization, which can only occur within specific circumstances, none of which apply here. In any case, the fact that he was deported in the first place was illegal and does not affect his status as a US citizen.

Well, did you read where the poster says "the child got his green card at the age of 6years upon arriving to the US. If he had been a usc, he would have gotten passport instead of green card. Something is missing somewhere.

He can't be wrongfully deported if he's a usc. I think the child is in the system as a Green Card holder and not a usc

[Shub 78]

Well, did you read where the poster says "the child got his green card at the age of 6years upon arriving to the US. If he had been a usc, he would have gotten passport instead of green card. Something is missing somewhere.

He can't be wrongfully deported if he's a usc. I think the child is in the system as a Green Card holder and not a usc

I read the thread from beginning to end and am taking what the poster is saying at face value. I see no reason for them to lie to us since, in the end, it is the government who will review the case according to the law, so there is nothing to be gained by lying to this forum.

So to your question, again, yes, I saw those comments, and am going on the assumption that errors were committed by his family out of plain ol' ignorance of how things work.

If he was a US citizen by birth, then he shouldn't have gotten a green card in the first place as he was already a citizen.

If he wasn't a citizen at birth, then he automatically became a citizen at age 12 when his mother became a citizen.

His being a member of a gang and serving a prison term is not grounds for denaturalization, and he should not have been deported to begin with, but having been deported also does not affect his status as a US citizen.

On the topic of wrongful deportation of US citizens -- it should not happen, but it does happen, and victims can sue the government for damages.

[aussie_jason 195]

What I don't get is how was he a GC holder for 12 years and citizenship never came up? Seems to be some key details missing from this story.

[Boiler 45,403]

This is what seems to have happened allegedly:

US War Hero goes to Guatemala meets someone and gets her pregnant.

He goes home, she contacts him to tell him she is pregnant, he goes back and marries her.

He presumably goes back again for the birth and has his name on birth certificate.

Then there is a 6 year gap, he is in the US, they are not. No mention of why.

At this point woman and son get on a bus to go to the US, Seems they have no Passports/Visa's etc. Just the Marriage and Birth Certificate.

They get to the US Border and it is stated they are both admitted. The Son because he is a USC and presumably the Mother is Paroled in. Mother is told she needs to adjust status. No mention of how the PoE determined son was a USC, only document mentioned is his non US Birth Certificate,

After arriving at some point they go and see a Notario who files for both to adjust status. Now to adjust you need to have been inspected, this is where I assume the Mother was paroled in otherwise how could she. The son however was not, he is a USC after all, so would have nothing to show he was inspected?

Son leads an exemplary life, living the American dream, but through some unfortunate happenstance is in the wrong place at the wrong time and ends up with a jail sentence and is subsequently deported. Presumably he showed his somehow obtained GC as evidence of legal status, forgetting he was a USC, also his Father and Mother forgot he was a USC.

For reasons unclear the son is now in hiding after receiving death threats. Presumably from people he upset before leaving at the age of 6.

[Azontodance 6]

Let me educate you a little, it seems your imagination and assumption is way beyond your understanding on how the way uscis systems works.

If you had unreported born abroad child, the problem is yours. It your responsibility to report your child born abroad. Therefore, in this case, the child birth was not reported and there is no WAY the USCIS will know your is USC if not reported. Secondly, I130 must have been filed in other for the child to enter US with Green Card. If his father is US born citizen, then the issue of ignorance of how things work is out of the case!

I am assuming this child was born before any of the parent become a citizen. The USCIS are not stupid. You they have your child in the system as a usc, why would they issue him a green card? common.....NO WAY!

If the mother filed the i130, then this is how the child obtain the green card. Base on the US law, it is very legal to jail and deport any nonborn US citizen or Green Card holder if they commit agravated felony such as, heavy robbery, murder.... that is unforgivable.

I hope this help you a lil.

I read the thread from beginning to end and am taking what the poster is saying at face value. I see no reason for them to lie to us since, in the end, it is the government who will review the case according to the law, so there is nothing to be gained by lying to this forum.
So to your question, again, yes, I saw those comments, and am going on the assumption that errors were committed by his family out of plain ol' ignorance of how things work.
If he was a US citizen by birth, then he shouldn't have gotten a green card in the first place as he was already a citizen.
If he wasn't a citizen at birth, then he automatically became a citizen at age 12 when his mother became a citizen.
His being a member of a gang and serving a prison term is not grounds for denaturalization, and he should not have been deported to begin with, but having been deported also does not affect his status as a US citizen.

On the topic of wrongful deportation of US citizens -- it should not happen, but it does happen, and victims can sue the government for damages.

Edited March 5, 2014 by Azontodance

[Azontodance 6]

Exactly my point.... thanks Aussie

What I don't get is how was he a GC holder for 12 years and citizenship never came up? Seems to be some key details missing from this story.

[Shub 78]

Let me educate you a little, it seems your imagination and assumption is way beyond your understanding on how the way uscis systems works.

I do not care for your patronizing, hostile attitude. I'm not a lawyer but having been the beneficiary of immigration benefits and as I like to understand what I'm getting myself into, I know how "importing" your relatives via form I-130 works, you're not teaching me anything.

I will add that your rant contains a lot more assumptions than I am making in this thread.

Base on the US law, it is very legal to jail and deport any nonborn US citizen or Green Card holder if they commit agravated felony such as, heavy robbery, murder.... that is unforgivable.

If you're going to "educate" me, get your facts right.

Of course it is legal to jail someone if they did something wrong regardless of their status as an LPR or USC. It is also legal to deport a green card holder. No one is disputing either scenario.

It is not however legal to deport a US citizen, whether they are natural born or naturalized, even for something like murder. In order to be "deportable", a US citizen would first have to go through denaturalization, and even something as serious as murder is not grounds for denaturalization. If you think I am wrong, then show me the law. http://www.law.cornell.edu/uscode/text/8/1481 is my basis for telling you that the person in the thread at hand does not qualify.

[annjadora 2]

Like it or not if his dad is usC brought them over,

mom became a citizen before he turned17.5 yrs

even with him holding a gc, he'd become a citizen

all they have to do is have an attorney go to uscis

with all the proof...he'll have to come back, so if

all you said here is true he is usc by virtue of both

parents during his youth

[Azontodance 6]

That's your problem my friend... I was hoping you would show me some links from uscis.

I will tell you once again, It is legal to revoke citizenship from a non us born citizen and be deported.

Nevertheless, show me the prove that this child is a USC. Your problem is, you thought USCIS reasons like you!

I do not care for your patronizing, hostile attitude. I'm not a lawyer but having been the beneficiary of immigration benefits and as I like to understand what I'm getting myself into, I know how "importing" your relatives via form I-130 works, you're not teaching me anything.

I will add that your rant contains a lot more assumptions than I am making in this thread.


If you're going to "educate" me, get your facts right.
Of course it is legal to jail someone if they did something wrong regardless of their status as an LPR or USC. It is also legal to deport a green card holder. No one is disputing either scenario.
It is not however legal to deport a US citizen, whether they are natural born or naturalized, even for something like murder. In order to be "deportable", a US citizen would first have to go through denaturalization, and even something as serious as murder is not grounds for denaturalization. If you think I am wrong, then show me the law. http://www.law.cornell.edu/uscode/text/8/1481 is my basis for telling you that the person in the thread at hand does not qualify.

[minina 8]

That's your problem my friend... I was hoping you would show me some links from uscis.

I will tell you once again, It is legal to revoke citizenship from a non us born citizen and be deported.

Nevertheless, show me the prove that this child is a USC. Your problem is, you thought USCIS reasons like you!

Here:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter2.html

http://www.newcitizen.us/losing.html

none of these aplies to the OP's situation that is what Shub has been trying to tell you

Edited March 5, 2014 by minina

[Azontodance 6]

Thanks minina

Here:

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartL-Chapter2.html

http://www.newcitizen.us/losing.html

none of these aplies to the OP's situation that is what Shub has been trying to tell you

[No name 88 48]

A lot of people commenting here have no idea what they are talking about.

No CRBA=No citizenship. It's not automatic. You have to prove to the CO that the child meets the requirements and in the end the CO makes the decision whether or not to issue the certificate. In this case I don't think a CO would ever issue a certificate to a felon even if they did meet the requirements. Plus there were previous opportunities to establish the citizenship before he was deported.

People can relax as a CO is never going to issue this certificate because there are way too many unanswered questions. They would require a DNA test just to stall the case but if the father is dead or unwilling than this is a non issue. He's never getting citizenship.

[kitthekat 1,317]

Interesting discussion. My layman opinion:

1. He is not a US citizen by virtue of his father being a US citizen. Under US law, citizenship is only automatically conferred to a child out of wedlock if the mother is the USC. If the USC is the father, residency conditions have to be met and certain actions must be undertaken to secure citizenship for his child. In addition, the father loses the ability to confer citizenship to his child once the child is above 18. Once this date has passed, the child is certainly deportable and is unlikely to ever gain citizenship. See this case for an example: http://www.law.cornell.edu./supct/html/99-2071.ZS.html

2. However, his mother who attained LPR status, eventually became a citizen when he was 12 years old. Since she naturalized, then IF her naturalization was above board, then under the Child Citizenship Act, citizenship was automatically conferred to her minor son. It is not necessary in this case to obtain documentation stating that he is a USC (e.g. passport, certificate) as it is automatically conferred, but it can certainly be useful to avoid situations like the OP's cousin is in. The conditions for automatic conferment are: (i) the child must have US lawful permanent resident status; (ii) at least one parent must be a USC (either by birth or naturalization); (iii) the child must be residing in the US; and (iv) the USC parent must have legal and physical custody of him/her.

Sidenote: If the child was born prior to 2001, and is the child of 1 LPR and 1 naturalized USC, citizenship is not automatically conferred. However, in this case, the mom naturalized and dad is already a USC so it was automatic.

Now, if his mom's naturalization was attained by fraudulent means (it seems odd that she entered without a visa, but, we don't have all the details on that), then that *could* be revoked (unlike birthright citizenship by jus sanguinis or jus soli). I believe that his derivative citizenship would also be revoked in that case.

[*Snowdrop* 604]

Interesting discussion. My layman opinion:

1. He is not a US citizen by virtue of his father being a US citizen. Under US law, citizenship is only automatically conferred to a child out of wedlock if the mother is the USC. If the USC is the father, residency conditions have to be met and certain actions must be undertaken to secure citizenship for his child. In addition, the father loses the ability to confer citizenship to his child once the child is above 18. Once this date has passed, the child is certainly deportable and is unlikely to ever gain citizenship. See this case for an example: http://www.law.cornell.edu./supct/html/99-2071.ZS.html

2. However, his mother who attained LPR status, eventually became a citizen when he was 12 years old. Since she naturalized, then IF her naturalization was above board, then under the Child Citizenship Act, citizenship was automatically conferred to her minor son. It is not necessary in this case to obtain documentation stating that he is a USC (e.g. passport, certificate) as it is automatically conferred, but it can certainly be useful to avoid situations like the OP's cousin is in. The conditions for automatic conferment are: (i) the child must have US lawful permanent resident status; (ii) at least one parent must be a USC (either by birth or naturalization); (iii) the child must be residing in the US; and (iv) the USC parent must have legal and physical custody of him/her.

Sidenote: If the child was born prior to 2001, and is the child of 1 LPR and 1 naturalized USC, citizenship is not automatically conferred. However, in this case, the mom naturalized and dad is already a USC so it was automatic.

Now, if his mom's naturalization was attained by fraudulent means (it seems odd that she entered without a visa, but, we don't have all the details on that), then that *could* be revoked (unlike birthright citizenship by jus sanguinis or jus soli). I believe that his derivative citizenship would also be revoked in that case.

According to the OP, the child was not born out of wedlock

"The father was legally married in Honduras to my aunt as soon as he found out my aunt was pregnant,so he was born in wedlock, and signed the Honduran birth certificate"

[kitthekat 1,317]

According to the OP, the child was not born out of wedlock

"The father was legally married in Honduras to my aunt as soon as he found out my aunt was pregnant,so he was born in wedlock, and signed the Honduran birth certificate"

I totally missed that! I did read somewhere that the presumption that children born in wedlock to one USC are the "product" of the marriage is not determinative in citizenship cases. A blood relationship needs to be established - easily done with a DNA test. But if he *were* to acquire citizenship from his USC father, not having CRBA filed when he was under 18 may make it difficult for him to get a passport now.

From Honduran embassy (required documents to apply for a US passport):

2. Proof of Citizenship: We will accept a certified copy of your U.S. birth certificate, a naturalization certificate, or Consular Report of Birth Abroad (CRBA).

Perhaps they will be flexible and accept other forms of documentation in such a unique case. For those who are past the age threshold to file CRBA, they can apply for a certificate of citizenship but they need to be in the US for that.

Edited March 5, 2014 by kitthekat